AA, I don't think you understand how the arbitration that produced the Nic list was structured and why it is no longer valid. Let me try to explain it in another way. Follow me for a minute and tell me what you think in a hypothetical scenario.
Lets take the combination of AA and TWA. I'm gonna make-up a scenario that has similar circumstances. While this is not the way it went down, let's assume for this scenario that it did happen this way. Although the TWA pilots were not COMPLETELY stapled, I think it's close enough for everyone to realize they lost a LOT in the SLI with AA.
Let's say the AA-TWA SLI went to an arbitrator. The arbitrator ruled that the TWA pilots would get one of two things. 1. They would get straight DOH in the SLI provided TWA, within one year, could emerge from BK and show a profit, proving they were a viable business. If after that one year, they could NOT meet that requirement, they would 2, be stapled to the AA list.
So after one year goes by, TWA could NOT meet that requirement as set forth in the arbitration decision by exiting BK and showing a profit. Thus they would get the staple job (option 2) under the arbitration.
Would you argue that they should get straight DOH anyway, even though they did NOT meet the conditions of the arbitration that would allow them to have option 1? I mean if the arbitration decision had a specific condition that must be met in order to be implemented, but it wasn't met, do you think the APA would just give it to them anyway just to be nice? I'd be interested in your thoughts on this...